In Colorado, Probate Court may assign a conservator to take care of the financial affairs of a person who is seriously ill, injured, incapacitated, or otherwise incompetent.
Conservatorships are typically involuntarily assigned to a “protected person” during “protective proceedings,” due to the person’s legal incapacitation or incompetence.
Under Colorado law, an incapacitated person is defined as “an individual who is unable to effectively receive or evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care even with appropriate and reasonably available technological assistance.”
An involuntary appointment can be avoided in a number of ways, including advanced estate planning that includes a durable financial power of attorney and/or estate planning documents that identify who you would like to serve as conservator should such an appointment become necessary. Seeking the advice of an estate-planning attorney in Denver can best ensure that your wishes are carried out in the unfortunate event a conservator becomes necessary.
Our conservatorship attorneys in Denver can also assist in the appointment of a conservator, as well as make sure such duties are carried out in accordance with Colorado law. In cases where there are disagreements over who should be appointed conservator, or over the management or liquidation of an estate, we can represent one or more parties in probate court. Common issues include:
Petitions to appoint a conservator.
Challenges to the need for a conservator.
Challenges to the appointment of a chosen conservator.
Submission of conservator background and credit checks.
Proper notice of hearings.
Proper filing of inventories and financial plans.
Proper filing of annual reports.
Proper administration of a conservatorship of a minor child.
Liquidation of real estate or other assets.
Challenges to the management of the estate.
Once assigned, the job of a Colorado conservator comes with broad financial powers, as outlined under CO Rev Stat § 15-14-425 (2016), including:
Filing of inventory and financial plans.
Collect, hold and retain estate assets, including assets in which the conservator has a personal interest.
Filing of annual reports.
Receiving additional estate assets.
Operation of any businesses or other enterprises.
Investee estate assets.
Depositing money and managing bank accounts.
Disposing of assets.
Repair and maintenance of real estate or other assets.
Managing stocks and bonds.
Properly insuring assets against damage or loss.
Paying or contesting claims against the estate.
Financial support of dependents.
Following the directions of the court.
With over 40 years of elder law experience, the attorneys at Evans Case LLP are some of the most experienced conservatorship attorneys in the Denver area. We are your local advocates, and will relentlessly fight for the welfare of you and your loved one. Seeking experienced legal help as early as possible in the process is the best strategy as it’s likely to be more effective than challenging the existing orders of the court.
If you are seeking a conservatorship in Colorado, call 303-757-8300 today to speak to a Denver elder law attorney at Evans Case LLP.
Evans Case is a full-service Denver Law Firm. With more than 110 years of collective experience we are relentless and compassionate advocates for our clients. The deep legal experience and wisdom of our senior attorneys combined with fresh thinking of younger associates ensure the best possible results in each case. Our attorneys understand that the best outcomes are built on thorough understanding, compassion, and respect.